Nanik v. Canada (Minister of Citizenship and Immigration)
Court headnote
Nanik v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-10-16 Neutral citation 2003 FC 1201 File numbers IMM-5618-02 Decision Content Date: 20031016 Docket: IMM-5618-02 Citation: 2003 FC 1201 Toronto, Ontario, October 16th, 2003 Present: The Honourable Madam Justice Tremblay-Lamer BETWEEN: CHUGH NANIK Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board (the "Board") dated October 23, 2002, wherein the Board determined that Nanik Chugh (the "applicant") was not a Convention refugee. [2] The applicant is a Pakistani national. He travelled to Canada in June 2000, left and came back twice and then claimed refugee status in January 2001. He based his claim on threats and an alleged attack on his office by Muslims extremists. [3] Irrespective of the non-credibility finding the Board found that there was no objective basis to the applicant's claim of being attacked and threatened with death by Hindu-hating Muslim fanatics. Nowhere in his argumentation does the applicant dispute this finding. It is therefore not open for review by this Court. [4] In order for a refugee claim to be successful, the applicant must demonstrate that, in addition to having a true subjective fear of persecution, there is an objective basis for this fear. Both requirements must b…
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Nanik v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-10-16 Neutral citation 2003 FC 1201 File numbers IMM-5618-02 Decision Content Date: 20031016 Docket: IMM-5618-02 Citation: 2003 FC 1201 Toronto, Ontario, October 16th, 2003 Present: The Honourable Madam Justice Tremblay-Lamer BETWEEN: CHUGH NANIK Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board (the "Board") dated October 23, 2002, wherein the Board determined that Nanik Chugh (the "applicant") was not a Convention refugee. [2] The applicant is a Pakistani national. He travelled to Canada in June 2000, left and came back twice and then claimed refugee status in January 2001. He based his claim on threats and an alleged attack on his office by Muslims extremists. [3] Irrespective of the non-credibility finding the Board found that there was no objective basis to the applicant's claim of being attacked and threatened with death by Hindu-hating Muslim fanatics. Nowhere in his argumentation does the applicant dispute this finding. It is therefore not open for review by this Court. [4] In order for a refugee claim to be successful, the applicant must demonstrate that, in addition to having a true subjective fear of persecution, there is an objective basis for this fear. Both requirements must be met before a Convention refugee status can be conferred onto an applicant (Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689). [5] Since the applicant does not meet the requirement that there exists an objective fear of persecution, he will not meet Ward's bipartite test; his claim for refugee status cannot succeed. It is therefore unnecessary to review the Board's determination of credibility. [6] For these reasons, the application for judicial review is dismissed. ORDER THIS COURT ORDERS that the application for judicial review is dismissed. "Danièle Tremblay-Lamer" J.F.C. FEDERAL COURT Names of Counsel and Solicitors of Record DOCKET: IMM-5618-02 STYLE OF CAUSE: CHUGH NANIK Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: OCTOBER 15, 2003 REASONS FOR ORDER AND ORDER BY: TREMBLAY-LAMER, J. DATED: OCTOBER 16, 2003 APPEARANCES BY: Mr. M. Max Chaudhary For the Applicant Mr. Stephen Jarvis For the Respondent SOLICITORS OF RECORD: M. Max Chaudhary Barrister and Solicitor Chaudhary Law Office Toronto, Ontario For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20031016 Docket: IMM-5618-02 BETWEEN: CHUGH NANIK Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca